HomeMy WebLinkAbout96-14PCRESOLUTION 9614PC
A RESOLUTION GRANTING A 5.51 FOOT VARIANCE TO PERMIT A FRONT
YARD SETBACK OF 19.49 FEET INSTEAD OF THE REQUIRED 25 FEET TO
PERMIT THE CONSTRUCTION OF AN ATTACHED, 2-CAR GARAGE WITH
ADDITIONAL LIVING AREA ON PROPERTY LOCATED AT 3842 PERSHING
STREET SW., LEGALLY DESCRIBED AS LOT 36, GREEN HEIGHTS,
SCOTT COUNTY, MINNESOTA.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
Andrew and Renee Siebenaler have applied for a variance t~om Sections 4 of
the Zoning Ordinance in order to permit the construction of an attached, 2-car
garage with additional living area on property located in the RI-Suburban
Residential and SD-Shoreland Districts at the following location, to wit;
3842 Pershing St. SW., legally described as Lot 36, GREEN HEIGHTS,
Scott County, Minnesota.
The Board of Adjustment has reviewed the application for variance as contained
in Case 96-031VA and held a heating thereon on May 13, 1996.
The Board of Adjustment has considered the effect of the proposed variance
upon the health, safety, and welfare of the community, the existing and
anticipated traffic conditions, light and air, danger of fire, risk to the public
safety, the effect on property values in the surrounding area and the effect of the
proposed variances on the Comprehensive Plan.
Because of conditions on the subject property and on the surrounding property, it
is possible to use the subject property in such a way that the proposed variance
will not result in the impairment of an adequate supply of light and air to
adjacent properties, unreasonably increase congestion in the public streets,
increase the danger of fire, and danger to the public safety, unreasonably
diminish or impair health, safety, comfort, morals or in any other respect be
contrary to the Zoning Ordinance and Comprehensive Plan.
The special conditions applying to the subject property are unique to such
property, and do not generally apply to other land in the district in which such
16200 l~g~ve. S.E., Prior Lake, Minnesota 55372 1714 / Ph, (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
land is located. Among the conditions applying to the subject property which the
Board of Adjustment relied upon are; 1) its small size, 2) its narrowness.
The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will not serve merely as
a convenience to the applicants, but is necessary to alleviate demonstrable
hardship.
The contents of Planning Case 96-031 are hereby entered into and made a part
of the public record and the record of decision for this case. Pursuant to Section
5-6-8 of the Ordinance Code the variance will be deemed to be abandoned,
and thus will be null and void one (1) year from the date of approval if the holder
of the variance has failed to obtain any necessary, required or appropriate permits
for the completion of contemplated improvements.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby grants and
approves the following variance;
1. A 5.51 foot variance to permit a front yard setback of 19.49 feet instead of the
required 25 feet.
Adopted by the Board of Adjustment on May 13, 1996.
ATTEST:
Richard Kuykendall, Chair
Donald R. Rye, Planning Director
9614PC.DOC/CC 2